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Sunday, May 10, 2015

State v. Kingkamau Nantambu (A-97-13


State v. Kingkamau Nantambu (A-97-13; 073589)
          When considering the admissibility of a recording
          containing a partial omission, the trial court must
          employ a two-part analysis.  First, the trial court
          must determine if the omission is unduly prejudicial,
          conducting an objective analysis focused on the
          evidentiary purposes for which the recording is being
          offered.  If the trial court, in its discretion, finds
          the omission unduly prejudicial, it must then consider
          whether it renders all or only some of the recording
          untrustworthy, and suppress only that portion deemed
          untrustworthy.